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Boulder County unveils proposed oil, gas regulations

Public hearing on Land Use Code changes set for Monday.

By John FryarLongmont Times-Call

Posted:
09/17/2012 10:58:15 PM MDT

Updated:
09/17/2012 11:03:39 PM MDT

Drilling in unincorporated Boulder County, such as this site on Niwot Road west of County Line Road, would be subject to new regulations if Boulder County commissioners adopt a new Land Use Code.
(
Lewis Geyer
)

BOULDER -- Companies preparing to drill for oil and gas in unincorporated Boulder County would face a new set of county review procedures, expectations and conditions, under a proposed set of revisions to the county Land Use Code's provisions about oil and gas development.

Boulder County officials said in a statement that the staff-suggested draft of those regulations -- unveiled online Monday evening -- are designed to work within the county's authority to adopt local rules "that harmonize with state regulations" about oil and gas exploration while enacting "the most protective land use regulations possible for new oil and gas development."

The proposed Land Use Code changes address such topics as avoiding or mitigating potential negative impacts that oil and gas exploration and production could have on air and water quality, county roads, the environment, and public health and safety. They would update a 19-year-old set of rules the county enacted during a previous spurt of oil and gas development, officials said.

If you go

What: The Boulder County Planning Commission will hold a special session for a public hearing and possible action on proposed revisions to the county Land Use Code's rules and regulations about oil and gas exploration and production in unincorporated parts of the county.

Further information: The proposed regulations are posted , at on the county's oil and gas development web page. Information about the work that's been under way since last winter on updating oil and gas provisions in the Boulder County Comprehensive Plan and the county Land Use Code also is available at that website.

People with questions about future opportunities for public involvement in the adoption of the new rules can contact Jim Webster at 720-564-2600 or jbwebster@bouldercounty.org.

The draft regulations would address air and water quality issues for the first time, the county staff wrote in a memo.

Air and water quality standards in Boulder County's current Land Use Code only require that oil and gas operators comply with state requirements. The draft regulations propose much more specific local rules for companies to satisfy as they undergo county review of their drilling plans.

The new rules would also create general operating standards that the county staff said are "designed to ensure oil and gas operations are conducted in the least impactful manner" -- standards that would include measures "to electrify all permanent equipment; to disclose the chemicals contained onsite; to suppress dust during operations; to implement lighting standards, traffic control measures and weed control."

The draft regulations would create two procedures for new oil and gas operations seeking county approval: a standard development plan review process, and an expedited development review.

The standard review process would require an applicant to conduct a neighborhood meeting 30 days before it submits its application to the county. The company would have to allow people to provide input on such issues as well sites, locations and suggested mitigation measures. The applicant would also have to provide the county with mitigation plans addressing the proposed wells' impacts on agricultural land; cultural and historic resources; geologic hazards; land disturbances; natural resources; recreational activities; scenic attributes and rural character of the area; surrounding land uses; the transportation system; water quality; and wetlands.

The expedited review process would be available to oil and gas operators who voluntarily agree to meet criteria that exceed those the county would normally require in its local permitting process, including criteria about well siting, water-well testing and air quality.

Land Use Department staff members wrote in their memo that they recognize their proposed regulations are a first draft. Staffers said they're looking forward to receiving input from the public, the industry, state officials and the Planning Commission before bringing a set of regulations to the Board of County Commissioners for final adoption.

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